![]() 1983 claims for the state defendants, finding that the agents were all acting under color of federal law, rather than state law. We upheld the district court's grant of summary judgment on Sec. In Askew, a federal agency orchestrated a drug raid, in which some of the agents employed by the federal agency were secondarily employed as state agents. 1983 claims against an individual "wearing two hats." Askew bears little similarity to Pickrel's case, however, and defendants misconstrue what similarity exists. 1985) (off-duty officer was acting under color of state law simply because he was wearing his police uniform).ĭefendants' fallback position is that Askew v. 1980) (finding that off-duty police officer working as private security guard acted under color of state law in detaining suspected wrongdoer) Hanson v. 2d 53 (1985) (holding that off-duty police officer, who was working as a private security guard and who was not wearing his police uniform, acted under color of state law when he flashed his police badge at alleged shoplifter during arrest and called other police officers to assist in arrest and transport to jail) Traver v. Other courts have found that similar allegations support a Sec. Dyer arrested Pickrel and charged her with, among other things, resisting a peace officer. His marked squad car was parked just outside, advertising the presence of a police officer to patrons of the restaurant. He was wearing his gun, enabling him to enforce his authority. Pickrel says that Dyer was wearing his police uniform and displaying his badge, both signs of state authority. Under the facts Pickrel alleges, Dyer could have been acting under color of state law. 1977) (finding that off-duty officers acted under color of state law). 1985) (" being off-duty does not preclude him from acting under color of state law.") Davis v. 1989) (reversing 12(b) (6) dismissal because plaintiff adequately alleged facts that might enable her to prove that off-duty officer out of uniform and in private car acted under color of state law) Greco v. Charles County Comm'r, 882 F.2d 870 (4th Cir. ![]() 10 (collecting cases, including those involving whether off-duty officer acted under color of state law) Revene v. However, that rationale only skims the surface of the necessary inquiry. 1983 claims amounts to the proposition that because Dyer was not on-duty at his primary job of police officer, but was instead working for another employer, he necessarily could not have been acting under color of state law. The district court's rationale in dismissing Pickrel's Sec. ![]() § 1983, Dyer must have acted "under color of state law" to deprive Pickrel of some federally guaranteed right. Now all of a sudden it Only shows up in a totally different state and with exact name search. Is there something I could do to send signals to Google to show that I am in Matthews, NC?Ģ months ago my listing quit showing up at all unless you typed exact business name What could possibly cause my listing or Google to do this? I have been without my listing for a few months now and have NO calls coming in from it. If you search Locksmith Independence, KS it shows up on the maps. If you search Locksmith Matthews, NC my listing does not show up at all. Keep in mind the GMB is in Matthews, NC All my service areas and the actual map show the correct areas. ![]() Now if I search my business name under the auto populate I see it with Independence, KS on the listing. I pretty much do not have any traffic, views or calls now. Posted about my SAB listing a few weeks ago about not showing up in search only when you entered the exact name.
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